Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41964 of 2026 Arising Out of PS. Case No.-964 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Raushan Kumar, Son of Dinesh Yadav, Resident of village - Kewal, Police Station - Gurpa, District - Gayaji ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Nawada Excise P.S. Case No.964 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 330 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the alleged recovery was made from a Car bearing Registration No. BR2K-9692. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is also pointed out that the name of the petitioner surfaced solely on the disclosure statement made by

Patna High Court CR. MISC. No.41964 of 2026(2) dt.30-06-2026 2/2 co-accused, apprehended on spot, namely, Manish Kumar, alleging that he was the driver of the said Car. The petitioner has one criminal antecedent of similar nature, in which, he is on bail.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Nawada in connection with Nawada Excise P.S. Case No.964 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Raushan/- U T